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In 1967, Congress passed the Age Discrimination in Employment Act ("ADEA")1 to help secure employment opportunities for the elderly. Though by its terms the Act clearly prohibits unions as well as employers from discriminating on the basis of age, it does not explicitly provide that unions may be held liable for damages. Federal courts have diverged in determining union liability under the Act. Some have denied liability altogether, construing the enforcement section of the ADEA to incorporate the substantive provision in the Fair Labor Standards Act ("FLSA")2 that limits liability to employers.' Under a second approach, courts have concentrated on the broad language in the ADEA authorizing courts to "grant such legal or equitable relief as may be appropriate to effectuate the purposes of [the Act]." Reasoning that liability for damages will deter union discrimination and thus "effectuate" the goals of the Act, these courts have imposed monetary

Union Liability under the Age Discrimination in Employment Act